Privacy TMX

TMXrespects your preferences concerning the collection and use of your Personal Information. The following TMXprivacy policies are tailored for the different ways your Personal/CompanyInformation may be collected, used, shared and processed by different TMXlines of business:

  • TMX General Privacy Policy: Addresses information we collect in connection with your use of TMX websites, mobile applications, and social media pages that link to the General Privacy Policy, your interactions with TMX during in-person meetings at TMX facilities or at TMX events, and in the context of other online or offline sales and marketing activities.
  • Services Privacy Policy: Describes our privacy and security practices that apply when handling:
    1. Services personal information in order to perform Technical Support and other services on behalf of TMX customers.
    2. Personal information contained in systems operation data generated by the interaction of end-users of these services with TMX systems.

Individuals may have data subject rights enabling them to request to access, delete, correct, remove or limit the use, or receive a copy of their personal information in TMX’s possession or for which TMX is otherwise responsible.

TMX General Privacy Policy

1. INTRODUCTION

This General TMX Privacy Policy (also referred to as the ‘Privacy Policy’) provides information on the collection, use, and sharing as of personal information by TMX Corporation and its affiliates (“TMX”, “we” or “us”) in connection with your use of TMX websites, mobile applications, and social media pages that link to this Privacy Policy, your interactions with TMX during in-person meetings at TMX facilities or at TMX events, and in the context of other online or offline sales and marketing activities. This Privacy Policy also explains the privacy rights you have in relation to these processing activities. This Privacy Policy was last updated on May 5, 2022. However, the Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on www.tmxintermodal.com. In case there is an important change that we want to highlight to you, we will also inform you in another appropriate way (for example via a pop-up notice or statement of changes on our website). As used in this Privacy Policy, ‘personal information’ or ‘personal data’ means information that relates to an identified individual or to an identifiable individual. For example, this could include among other things your name, address, email address, business contact details, or information gathered through your interactions with us via our websites or at events. Personal information is also referred to as ‘information about you.’ For more detail about the types of information about you that we may process, please refer to Section 4 below

2. SCOPE

This Privacy Policy applies to the processing of personal/companies information by TMX of:

  • Visitors and users of the various TMX sites, including our websites on www.tmxintemodal.com, computer or mobile software applications and our social media pages that link to this Privacy Policy (collectively referred to as the sites);
  • attendees of TMX events;
  • customers and prospective customers and their representatives;
  • subscribers to TMX publications and newsletters;
  • visitors to TMX facilities; and
  • suppliers and business partners and their representatives.

The Privacy Policy does not apply to some of the following activities:

  • Personal information collected about you by TMX customers. TMX customers are responsible for their own personal information collection and processing practices, including when customers use TMX products or services to process your personal information. To find out more about our customers’ use of personal information about you, you are encouraged to review the relevant privacy policy of the company who collected your information from you. Please consult that company directly if you have any further questions about its use of information about you.
  • Personal information processed by TMX to provide, Technical Support, Consulting or other services to TMX customers. “Services personal information” is personal information processed by TMX on behalf of a customer in order to provide and perform contracted services.
  • Personal information you provide on third party sites not controlled by TMX. When interacting with our websites, you also have the ability to link or connect with non-TMX websites, services, social networks, applications or other features. Enabling these features will lead to other parties than TMX processing information about you. TMX does not have any control over these features of other parties. We encourage you to review the privacy policies of these parties before using these features.

3. WHO IS RESPONSIBLE FOR YOUR PERSONAL INFORMATION?

TMX and its affiliated entities are responsible for processing your personal information described in this Privacy Policy.

4. WHICH CATEGORIES AND SPECIFIC PIECES OF PERSONAL INFORMATION DO WE PROCESS?

TMX can process information about you collected directly from you both offline and online, including when you create an TMX account to access TMX products and services or attend an TMX event. Information about you may also be provided to TMX by selected third party sources, such as data aggregators who may not have a direct relationship with you or by third parties who collect information about you on behalf of TMX.

Specific pieces of information about you that TMX may collect and process depending on your interaction with TMX, includes:

  • name and physical address, email addresses, and telephone numbers;
  • demographic attributes, when tied to personal information that identifies you;
  • photographs that identify you and testimonials;
  • transactional data, including products and services ordered, financial details and payment methods;
  • company data such as the name, size and location of the company you work for and your role within the company as well as publicly available company information and activity associated with company data;
  • data from surveys conducted by TMX or by third parties on behalf of TMX and publicly available information, such as social media posts;
  • call recording and chat transcript data from Sales and customer support calls and live chat sessions or interviews;
  • unique IDs such as your mobile device identifier or cookie ID on your browser;
  • IP address and information that may be derived from IP address, such as geographic location;
  • information about a device you use, such as browser, device type, operating system, the presence or use of “apps”, screen resolution, and the preferred language;
  • certain location or geolocation information you provide directly or through automated means, if you choose to enable location based services from your device or TMX app; and
  • behavioral data of the internet connected computer or device you use when interacting with the sites, such as advertisements clicked or viewed, sites and content areas, date and time of activities or the web search used to locate and navigate to a site.

Certain online information about you or device information may originate from the use of cookies and similar technologies (for example, pixel tags and device identifiers) on our sites or sites of third parties. For more information on cookies and similar technologies, please see Section 11 below. Please note that TMX does not control the content that you may post to TMX Communities forums or social networks; in some cases, such content may be publicly available on the Internet. You should carefully consider whether you wish to submit personal information to these forums or social networks and whether you wish to make your profile available to other users, and you should tailor any content you may submit accordingly.

5. WHY AND HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use personal information for the following business purposes:

  • to communicate and respond to your requests and inquiries to TMX;
  • to create and administer an TMX single sign-on (SSO) account (also referred to as an ‘TMX Account’) and to deliver functionality on our sites and for their technical and functional management;
  • to engage in transactions with customers, suppliers and business partners and to process orders for TMX products and services;
  • to analyze, develop, improve and optimize the use, function and performance of our sites and products and services;
  • to manage the security and operation of our sites, facilities, and networks and systems; and
  • to comply with applicable laws and regulations and to operate our business.

We may use personal/companies information for the following commercial purposes:

  • to administer subscriptions of TMX publications and newsletters;
  • to market our products and services or related products and services, and to tailor our marketing and sales activities to your or your company’s interests; and
  • to provide select business-to-business services to TMX customers using publicly available information about companies which may include personal information

These purposes are described below in further detail.

To communicate and respond to your requests and inquiries to TMXTo communicate and respond to your requests and inquiries to TMX

If you get in touch with us (such as by submitting contact forms on our sites, reaching out to us via TMX Sales chat, attending TMX events or other occasions, sending an email or by visiting social media platforms), we process information about you to communicate with you and to respond to your requests or other inquiries. We can also process personal information to interact with you on third party social networks.

To create an TMX account and deliver functionality on our sites and for their technical and functional management

When you choose to register with us (such as to make use of our services), we need to process the personal information provided by you so that we can create an TMX account for you. Please note, this only applies to personal information controlled by TMX, not personal information TMX processes on behalf of our customers.

To engage in transactions with customers, suppliers and business partners and to process purchases of our products and services

If you place an order for our products and services, or if you provide services to TMX, our employees, customers or partners as a supplier or business partner, TMX processes information about you to engage in and administer the relevant transactions (such as by sending invoices and making payments), administer your order, and help you get started and adopt our products and services (e.g., by contacting you to activate your Cloud services credits). If you download products or services from our sites, TMX uses information about you to confirm certain information about your order (for example, that you did not experience problems in the download process).

To analyze, develop, improve and optimize the use, function and performance of our sites and products and services

We may process personal information in order to analyze, develop, improve and optimize the use, function and performance of our sites and products and services, including for quality assurance and training purposes, as well as for marketing and sales campaigns. This includes processing personal information to conduct surveys to improve TMX products and services. In case the sites permit you to participate in interactive discussions, create a profile, post comments, opportunities or other content, or communicate directly with another user or otherwise engage in networking activities on TMX sites, TMX may process personal information when moderating these activities.

To manage the security of our sites, facilities, networks and systems

We may collect site use data for security and operations management to help keep our sites, facilities, networks and systems secure, or to investigate and prevent potential fraud, including ad fraud and cyber-attacks and to detect bots.

To comply with applicable laws and regulations and to operate our business

In some cases, we have to process personal information to comply with applicable laws and regulations. For example, to respond to a request from a regulator or to defend a legal claim. We may also process personal information in the performance and operation of our business, such as to conduct internal audits and investigations or for finance and accounting and archiving and insurance purposes

To administer subscriptions of TMX publications

If you subscribe to our social networks, we process information about you to administer your subscription.

To market our products, services, events, or related products and services and to tailor marketing and sales activities

TMX may use information about you to notify you about new product releases and service developments, events, alerts, updates, prices, terms, special offers and associated campaigns and promotions (including email blast) TMX may also use personal information to advertise TMX’s products and services or related products and services, and also to have our distributors, resellers or partners notify you about our products or services or their related products or services (such as via joint sales or product promotions). We do our best to tailor your website visit, marketing experience and our communications to your expressed interests. This happens, for example, if you sign up for an TMX online services or you send a request to be able to access. If you attend an event, TMX may process information about you gathered in relation to the event and can share information about your attendance with your company. TMX may also permit designated event partners or conference sponsors to send you up to two communications related to your event attendance. Please note that our partners or conference sponsors may directly request information about you at their conference booths or presentations, and their use of your information that you provide to them will be subject to their privacy policies. We may also process your personal information to post testimonials on our sites, but will first obtain your consent to use your name and testimonial.

To provide select services to TMX customers using publicly-available information which may include personal information such as the name of a company’s CEO

For some business-to-business services, we may collect the publicly available names of company directors and officials to better understand the status of these companies and help inform our services which relate to providing customers information about other companies.

6. WHAT IS OUR BASIS FOR PROCESSING INFORMATION ABOUT YOU?

For personal information collected about you in the EU/EEA, the UK and other relevant jurisdictions, our basis for processing is the following:

  • We rely on our legitimate interest in processing contact and related information about you in order to communicate adequately with you and to respond to your requests.
  • In order to engage in transactions with customers, suppliers and business partners, and to process purchases and downloads of our products and services, we need to process information about you as necessary to enter into or perform a contract with you.
  • We process personal information for marketing and sales activities (including events) based on your consent where so indicated on our sites at the time your personal information was collected, or further to our legitimate interest to keep you updated on developments around our products and services which may be of interest to you.
  • We rely on our legitimate interest to analyze, develop, improve and optimize our sites, facilities, products and services, and to maintain the security of our sites, networks and systems.
  • In order to comply with applicable laws and regulations, such as to comply with a subpoena or other legal process, or to process an opt-out request.

7. FOR WHAT PERIOD DO WE RETAIN PERSONAL INFORMATION

TMX maintains personal information for the following retention periods:

  • Information about you we collect to engage in transactions with our customers, suppliers and business partners, and to process purchases of our products and services, will be retained for the duration of the transaction or services period, or longer as necessary for record retention and legal compliance purposes.
  • If you have registered for an (TMX Account) to access TMX sites or to sign up for TMX marketing materials, your account information will be retained for as long as you maintain an active account. Your account and account information will be deleted if you do not log in for 18 consecutive months. TMX retains records of that deletion for 90 days.
  • If you opened an TMX account, your account information will be retained for as long as you maintain an active account. After service termination, minimal account information will be held for records retention purposes. Please note the TMX Privacy team cannot delete, correct, or access service account data or terminate your contracted TMX product or service account. Please refer to the Contact TMX page for resources and contact information to administer service account data.
  • Contact information such as your email address or phone number collected online on our sites or offline from our interactions with you at TMX events and conferences, and used for direct marketing and sales activities will be retained for as long as we have an active (customer) relationship with you. We treat you as an active contact if (i) you have interacted with TMX or updated your contact details and preferences in the past 18 months; and (ii) you have not made a deletion request.
  • If you have reached out to us via our support line and you have not opted out of call recording, we will delete call recordings 60 days after the call has concluded unless otherwise specified during the call.
  • If you have visited an TMX facility, the personal information needed to allow you to enter the facility will be held for one year after your last visit for records retention purposes.
  • Personal information needed to retain your opt-out preferences is retained for 20 years (or longer as necessary to comply with applicable law).

8. WHEN AND HOW CAN WE SHARE YOUR PERSONAL INFORMATION?

Sharing within TMX

TMX employees are authorized to access personal/company information only to the extent necessary to serve the applicable purpose(s) and to perform their job functions.

Sharing with third parties

We may share personal information with the following third parties for a business purpose:

  • Third-party service providers (for example, credit card processing services, order fulfillment, analytics, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar service providers) in order for those service providers to perform business functions on behalf of TMX;
  • Relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
  • As required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

We may share personal information with the following third parties for a commercial purpose:

  • TMX distributors or resellers for further follow-up related to your interests, specific partners that offer complementary products and services or with third parties to facilitate interest-based advertising; and
  • Event partners or conference sponsors for TMX events such as when you scan your badge at a sponsored booth.

When third parties are given access to personal information, we will take appropriate contractual, technical and organizational measures designed to ensure that personal information is processed only to the extent that such processing is necessary, consistent with this Privacy Policy, and in accordance with applicable law.

9. HOW IS YOUR PERSONAL INFORMATION SECURED?

TMX has implemented appropriate technical, physical and organizational measures designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as all other forms of unlawful processing.

10. WHAT ARE YOUR PRIVACY RIGHTS?

You can exercise your privacy rights in accordance with applicable laws so you can fill a form and provide to us specified by you. You have multiple privacy rights, subject to applicable law, in respect of the information we process about you:

  • Opt-out of our use or sharing of your personal information You may withdraw consent you have previously provided for the processing of information about you, including for email marketing by TMX.
  • Delete personal information You can ask us to erase or delete all or some of the information about you.
  • Change or correct personal information You can edit some of the information about you.You can also ask us to change, update or fix information about you in certain cases, particularly if it is inaccurate.
  • Object to, or limit or restrict use of personal information You can ask us to stop using all or some of the information about you (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if the information about you is inaccurate).
  • Right to access and/or have your information provided to you You can also ask us for a copy of information about you and can ask for a copy of information about you provided in machine readable form if you reside in the EU, California or other jurisdiction that provides you this right as a matter of law.

If you are authorized to make an access or deletion request on behalf of a data subject, please reach out to us via the inquiry form and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a data subject.

If your inquiry relates to your company’s service account or support of TMX products or services, please note the TMX Privacy team cannot delete, correct, or access service account data or terminate your contracted TMX product or service account. Please go to the www.tmxintermodal.com page for resources and contact information to administer service account data.

11. DO YOU COLLECT ANY INFORMATION AND INFORMATION FROM CHILDREN?

Sensitive personal information

We ask that you do not send us, and do not share any sensitive personal information (for example, government-issued IDs, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, genetic, or biometric data, criminal background or trade union membership).

Children’s privacy

As a company focused on serving the needs of businesses, TMX's sites are not directed to minors and TMX does not promote or market its services to minors. If you believe that we have mistakenly or unintentionally collected personal information of a minor through our sites without appropriate consent, please notify us through an email so that we may immediately delete the information from our servers and make any other necessary corrections. Additionally, please do the same to request removal of content or information that was posted to our sites when the registered user was under the age of 16. Please note that such requests may not ensure complete or comprehensive removal of the content or information, as, for example, some of the content may have been reposted by another user.

12. WHAT ARE YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)?

If you are a California resident, you may request that we:

  • 1. disclose to you the following information covering the 12 months preceding your request:
    • the categories and specific pieces of personal information we collected about you and the categories of personal information we sold (see Section 4);
    • the categories of sources from which we collected such personal information (see Section 4);
    • the business or commercial purpose for collecting or selling personal information about you (see Section 5 ); and o the categories of third parties to whom we sold or otherwise disclosed personal information (see Section 8).
    • the categories of third parties to whom we sold or otherwise disclosed personal information (see Section 8).
  • 2. delete personal information we collected from you (see Section 12); or
  • 3. opt-out of any future sale of personal information about you (see Section 12).

We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us via email and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident.

If you are a California resident, you may obtain information about exercising your rights, as described above, by contacting us.

13. DATA PROTECTION

If you believe your personal information has been used in a way that is not consistent with the Privacy Policy or your choices, or if you have further questions, comments or suggestions related to this Privacy Policy, please contact to us using an email or using a phone call, you can contact to us using the information shown below:

TMXINTERMODAL LLC
NEW JERSEY - NJ
908-344-3700 | EMERGENCY: 973-277-7097
1418 East Linden Ave
Linden, NJ 07036
U.S.A

management@tmxintermodal.com

If you have any complaints regarding our compliance with this Privacy Policy, please contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy and in accordance with applicable law. You also have the right to file a complaint with a competent data protection authority if you are a resident of a European Union member state.

14. TMX INTERMODAL LLC HEADQUARTERS

TMX INTERMODAL LLC headquarters are located at:

1418 East Linden Ave.
Linden, NJ 07036
U.S.A

TMX Services Privacy Policy

This TMX Services Privacy Policy (“Services Privacy Policy”) is organized into three sections:

I. The first section (Services Personal Information Data Processing Terms) describes the privacy and security practices that TMX and its affiliates (“TMX”) employ when handling Services Personal Information (as defined below) for the provision of Technical Support, Consulting, or other services (the “Services”) provided to TMX customers (“You” or “Your”) during the term of Your order for Services.

Services Personal Information is personal information that is provided by You, resides on TMX, customer or third-party systems and environments, and is processed by TMX on Your behalf in order to perform the Services. Services Personal Information may include, depending on the Services: information concerning family, lifestyle and social circumstances; employment details; financial details; online identifiers such as mobile device IDs and IP addresses, and first party online behavior and interest data. Services Personal Information may relate to Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients.

II. The second section (System Operations Data Processing Terms) describes the privacy and security practices that apply to personal information that may be incidentally contained in Systems Operation Data that is generated by the interaction of (end-)users of our Services (“Users”) with the TMX systems and networks used to monitor, safeguard and deliver Services to our customer base.

Systems Operations Data may include log files, event files, and other trace and diagnostic files, as well as statistical and aggregated information that relates to the use and operation of our Services, and the systems and networks these Services run on.

III. The third section (Communications and Notifications to Customers and Users) applies to both Services Personal Information and personal information contained in Systems Operations Data, describes how TMX handles legally required disclosure requests, and informs You and Users how to communicate with TMX’s Global Data Protection Officer or file a complaint

The definitions of Services Personal Information and Systems Operations Data do not include Your or User contact and related information collected from the use of TMX websites, or Your or User interactions with us during the contracting process. TMX’s handling of this information is subject to the terms of the General TMX Privacy Policy.

I. SERVICES PERSONAL INFORMATION DATA PROCESSING TERMS

TMX treats all Services Personal Information in accordance with the terms of Sections I and III of this Policy and Your order for Services.

In the event of any conflict between the terms of this Services Privacy Policy and any privacy terms incorporated into Your order for Services, including an TMX Terms of Service Agreement, the relevant privacy terms of Your order for Services shall take precedence.

1. Performance of the Services

TMX may process Services Personal Information for the processing activities necessary to perform the Services, including for delivery and attempts to deliver your cargo and other issues You have reported to TMX.

2. Customer instructions

You are the controller of the Services Personal Information processed by TMX to perform the Services. TMX will process your Services Personal Information as specified in Your Services order and Your documented additional written instructions to the extent necessary for TMX to (i) comply with its processor obligations under applicable data protection law or (ii) assist You to comply with Your controller obligations under applicable data protection law relevant to Your use of the Services. TMX will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. Additional fees may apply.

3. Rights of individuals

You control access to Your Services Personal Information by Your end users, and Your end users should direct any requests related to their Services Personal Information to You. To the extent such access is not available to You, TMX will provide reasonable assistance with requests from individuals to access, delete or erase, restrict, rectify, receive and transmit, block access to or object to processing of Services Personal Information on TMX systems

4. Security and confidentiality

TMX has implemented and will maintain technical and organizational measures designed to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Services Personal Information. These measures, which are generally aligned with the ISO/IEC 27001:2013 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement.

TMX employees are required to maintain the confidentiality of personal information. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.

5. Incident Management and data breach notification.

TMX promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Services Personal Information.

If TMX becomes aware and determines that an incident involving Services Personal Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Services Personal Information transmitted, stored or otherwise processed on TMX systems that compromises the security, confidentiality or integrity of such Services Personal Information, TMX will report such breach to You without undue delay.

As information regarding the breach is collected or otherwise reasonably becomes available to TMX and to the extent permitted by law, TMX will provide You with additional relevant information concerning the breach reasonably known or available to TMX.

6. Subprocessors

To the extent TMX engages third party subprocessors to have access to Services Personal Information in order to assist in the provision of Services, such subprocessors shall be subject to the same level of data protection and security as TMX under the terms of Your order for Services. TMX is responsible for its subprocessors’ compliance with the terms of Your order for Services.

7. Audit rights

To the extent provided in your order for Services, You may at Your sole expense audit TMX’s compliance with the terms of this Services Privacy Policy by sending TMX a written request, including a detailed audit plan, at least six weeks in advance of the proposed audit date. You and TMX will work cooperatively to agree on a final audit plan.

The audit shall be conducted no more than once during a twelve-month period, during regular business hours, subject to TMX’s on-site policies and regulations, and may not unreasonably interfere with business activities. If You would like to use a third party to conduct the audit, the third party auditor shall be mutually agreed to by the parties and the third-party auditor must execute a written confidentiality agreement acceptable to TMX. Upon completion of the audit, You will provide TMX with a copy of the audit report, which is classified as confidential information under the terms of Your agreement with TMX.

8. Deletion or return of Services Personal Information

Except as otherwise specified in an order for services or required by law, upon termination of services or at your request, TMX will delete your production customer data located on TMX computers in a manner designed to ensure that they cannot reasonably be accessed or read, unless there is a legal obligation imposed on TMX preventing it from deleting all or part of the data. You may consult with your TMX services contact for additional information on data deletion prior to service completion.

II. SYSTEMS OPERATIONS DATA PROCESSING TERMS

1. Responsibility and purposes for processing personal information

TMX and its affiliated entities are responsible for processing personal information that may be incidentally contained in Systems Operations Data in accordance with Sections II and III of this Policy.

We may collect or generate Systems Operations Data for the following purposes:

  • a) to help keep our Services secure, including for security monitoring and identity management;
  • b) to investigate and prevent potential fraud or illegal activities involving our systems and networks, including to prevent cyber- attacks and to detect bots;
  • c) to administer our back-up disaster recovery plans and policies;
  • d) to confirm compliance with licensing and other terms of use (license compliance monitoring);
  • e) for research and development purposes, including to analyze, develop, improve and optimize our Services;
  • f) to comply with applicable laws and regulations and to operate our business, including to comply with legally mandated reporting, disclosure or other legal process requests, for mergers and acquisitions, finance and accounting, archiving and insurance purposes, legal and business consulting and in the context of dispute resolution

For personal information contained in Systems Operations Data collected in the EU, our legal basis for processing such information is our legitimate interest in performing, maintaining and securing our products and services and operating our business in an efficient and appropriate manner. Personal information may also be processed based on our legal obligations or legitimate interest to comply with such legal obligations.

2. Sharing personal information

Personal information contained in Systems Operations Data may be shared throughout TMX's global organization. A list of TMX entities is available as indicated above.

We may also share such personal information with the following third parties:

  • third-party service providers (for example IT service providers, lawyers and auditors) in order for those service providers to perform business functions on behalf of TMX;
  • relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
  • as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

When third parties are given access to personal information contained in Systems Operations Data, we will take the appropriate contractual, technical and organizational measures to ensure, for example, that personal information is only processed to the extent that such processing is necessary, consistent with this Privacy Policy and in accordance with applicable law

3. Cross-border data transfers

If personal information contained in Systems Operations Data is transferred to an TMX recipient in a country that does not provide an adequate level of protection for personal information, TMX will take measures designed to adequately protect information about Users, such as ensuring that such transfers are subject to the terms of the EU Model Clauses and other countries that TMX does business..

4. Security

TMX has implemented appropriate technical, physical and organizational measures in accordance with the TMX Corporate Security Practices designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing.

5. User choices

To the extent provided under applicable laws, Users may request to access, correct, update or delete personal information contained in Systems Operations Data in certain cases, or otherwise exercise their choices with regard to their personal information by filling out an inquire form.

III. COMMUNICATIONS AND NOTIFICATIONS TO CUSTOMERS AND USERS

1. Legal requirements.

TMX may be required to provide access to Services Personal Information and to personal information contained in Systems Operations Data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect Your or a User’s safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside Your or a User’s country of residence, for national security and/or law enforcement purposes. TMX will promptly inform You of requests to provide access to Services Personal Information, unless otherwise required by law.

2. Changes to this Services Privacy Policy

This Privacy Policy was last updated on May 5, 2022. However, the Services Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this website www.tmxintermodal.com. In cases of material changes, we will also inform you in another appropriate way (for example via a pop-up notice or statement of changes on our website) prior to the changes becoming effective